• The Korean Society of Law and Medicine
• /
• v.23 no.2
• /
• pp.39-65
• /
• 2022

There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

• The Korean Society of Law and Medicine
• /
• v.22 no.4
• /
• pp.3-35
• /
• 2021

Inmitten der Flut der privaten und öffentlichen Information gilt die riesige Informationsmenge als Schlüsselressource im Zeitalter der 4. industriellen Revolution, repräsentiert durch Big-Data. Das Interesse an diesen wächst weltweit. Es gibt eine aktive Diskussion darüber, wie man Daten sichert und akkumuliert und wie man die gesammelten Daten sicher und effektiv nutzt. Gesundheitsdaten werden vor allem als die wertvollste Ressource bewertet, für die Big-DataTechnologie eingesetzt wird. Um Gesundheitsdaten sinnvoll zu nutzen, müssen verteilte Gesundheitsdaten integriert und den Benutzern in einer Form zur Verfügung gestellt werden, die für Forschung oder Inspektion verwendet werden kann. In einer Situation, in der große Länder um den Aufbau bzw. die Führung der Datenwirtschaft konkurrieren, wurden im August 2020 auch in Südkorea die sog. „3-Daten-Gesetze" geändert, die das Datenschutzgesetz(DSG) enthälten. Das DSG führte das Konzept der pseudonymen Informationen ein und baute eine Rechtsgrundlage für deren Verwendung auf. Als Folgemaßnahme kündigte die, Kommission für den Schutz personenbezogener Daten(Personal Information Protection Commission: PIPC)' die „Richtlinien für die Bahandlung mit pseudonymen Informationen" und, Ministerium für Gesundheit und Wohlfahrt' die „Richtlinien für die Verwendung von Gesundheitsdaten" an. Gesundheitsdaten stehen direkt in Zusammenhang mit Leben und Körper des Menschen und damit enthalten viele sensible Daten. Es handelt sich also um ein System, das aus einer vorsichtigeren und konservativeren Sicht unter der Voraussetzung verwendet werden kann, personenbezogene Daten sicherer zu schützen. Um die Hauptinhalte der „Richtlinien für Verwendung von Gesundheitsdaten" zu analysieren, überprüften wir zunächst die Hauptinhalte des überarbeiteten DSG. Danach durch die Analyse der wesentlichen Inhalte der „Richtlinien für Verwendung von Gesundheitsdaten" wurden Probleme wie Konflikte mit anderen Gesetzen und Verbesserungsmaßnahmen überprüft.

• Journal of the Korean Society for information Management
• /
• v.40 no.3
• /
• pp.25-54
• /
• 2023

At a time when open data receives attention as an international trend, there is a need to discuss the role of international journals in Korea to support data sharing. Based on surveys and interviews of editors from the international journals, we identified factors affecting the policy adoption and examined the journal editors' perception on the adoption and components of the data sharing policy. As a result, scholarly journals that have adopted or are planning to adopt policies have recognized that data sharing is an international trend and can contribute to research development, but they stressed that efforts to improve the perception of data sharing were still necessary. Educational activities and compensation for sharing data were needed at scholarly journals' and communities' level. Also, components perceived important and selected by more than half of the editors as mandatory were 'data availability statement', 'data sharing level', 'data sharing method', and 'data citation'. While scholarly journals do not always need to mandate data sharing, it was necessary to mention conditions where data cannot be shared through data availability statements. The role of the organization developing and operating a repository appropriate for situations in Korea was also emphasized. In addition, by identifying factors affecting the policy adoption, significant differences were found in Journal Impact Factor quartiles, publication type, and subject area. This finding indicated that journals with a high impact factor are likely to have resources to support data sharing, and open access or hybrid journals are likely to have interest in open data as a part of open science. In the medical research area, active movements for data sharing in academic communities have promoted the adoption of data sharing policies. This study would be used as basic data to facilitate the adopton and operation of scholarly journals' data sharing policies in Korea.

• Journal of Popular Narrative
• /
• v.25 no.4
• /
• pp.263-288
• /
• 2019

Barrier-free films enhance accessibility to audiovisual image contents by providing specific information on screen and through sound so that people with vision or hearing loss can receive the same amount of information as those without disabilities and immerse themselves in the audiovisual images. This study pays attention to barrier-free audiovisual contents in relation to the cultural civil rights of people with vision or hearing loss in South Korea. While institutional efforts have been made in the 2010s to improve the access to audiovisual media of people with vision or hearing loss, the goal of enabling people with vision or hearing loss to fully enjoy all audiovisual contents at a level equal to the non-disabled has not yet been realized. Amid the lingering conflict between disabled groups and multiplexes that has lasted years, the global video streaming service Netflix has aggressively threatened the dominance of local multiplexes with the launch of its Korean service. As Netflix, which is subject to U.S. regulations guaranteeing the rights of people with vision or hearing loss, has produced original dramas and movies involving Korean production teams, the cultural civil rights discourse of the disabled has transitioned to the issue of the rights of cultural consumers crossing national borders in the era of globalization. Changes in the media environment raise the issue of civil rights guarantees in which disabled people enjoy the right to simultaneously watch movies and comment on movies by participating in a common discourse, equally with non-disabled people. The "right to be part of the audience for Korean cinema" for Korean deaf people, which has long been neglected, should also be considered as a cultural civil right that crosses the boundaries of language, nation and disabilities. This essay examines the current issues surrounding the right to cultural entertainment of people with vision or hearing loss in South Korea in conjunction with the contemporary trend of rapid changes in the media environment and the global spread of the movement for cultural civil rights of people with disabilities, and suggests the need for visual culture studies to take a serious step toward disability studies.

• 한국노년학
• /
• v.31 no.3
• /
• pp.831-848
• /
• 2011

The purpose of this study is to analyse the family caregivers' stress pathways by types of long term care services for the elderly, and then to discuss the findings of analysis. For this research, primary caregivers that provide care the elderly requiring long term care services sanctioned by National Health Insurance Corporation were drawn and surveyed. Among collected data, data for 258 primary caregivers by type of long term care services were used for this study. The results of this study can be summarized as follows. First, on average, the elders that utilize care service in institutions for the elderly were higher proportion of women, older, higher rate of bereavement, more children than the elders that utilize in-home care service, but some cases were vice-versa. Second, the elders that utilize care service in institutions more ADL dependency, higher proportion of severe dementia or severe stroke, higher care rank by National Health Insurance Corporation than the elders that utilize in-home care service on average. Third, primary caregivers with elders that utilize in-home care service were higher proportion of women, older, lower education level, higher rate of spouse and daughter-in-law in relationship with care recipient, less health, lower income than primary caregivers with elders that utilize care service in institutions. Fourth, subjective indicators representing caregivers' reactions to caregiving for the elderly significantly impact on caregivers' stress(ie, depression), and pathway of caregivers' stress are differentiated by type of long term care services. Fifth, stressors that have direct impacts on depression as caregiving family are differentiated by type of long term care services. Therefore, policies or programs to reduce negative mental health or stress of caregivig families should be designed differently by reflecting pathway of various stressors and stress by use types of long term care services for the elderly.

• Korean Journal of School Psychology
• /
• v.16 no.3
• /
• pp.433-451
• /
• 2019

This study aimed to develop and validate the Classroom Problem Behavior Scale - Elementary School Version (CPBS-E) measure which is unique to classroom problem behavior exhibited by Korean elementary school students. The focus was on developing a universal screening instrument designed to identify and provide intervention to students who are at-risk for severe social-emotional and behavioral problems. Items were initially drawn from the literature, interviews with elementary school teachers, common office discipline referral measures used in U.S. elementary schools, penalty point systems used in Korean schools, 'Green Mileage', and the Inventory of Emotional and Behavioral Traits. The content validity of the initially developed items was assessed by six classroom and subject teachers, which resulted in the development of a preliminary scale consisting of 63 two-dimensional items (i.e., Within Classroom Problem Behavior and Outside of Classroom Problem Behavior), each of which consisted of 3 to 4 factors. The Within Classroom Problem Behavior dimension consisted of 4 subscales (not being prepared for class, class disruption, aggression, and withdrawn) and the Outside of Classroom Problem Behavior dimension consisted of 3 subscales (rule-violation, aggression, and withdrawn). The CPBS-E was pilot tested on a sample of 154 elementary school students, which resulted in reducing the scale to 23 items. Following the scale revision, the CPBS-E was validated on a sample population of 209 elementary school students. The validation results indicated that the two-dimensional CPBS-E scale of classroom problem behavior was a reliable and valid measure. The test-retest reliability was stable at above .80 in most of the subscales. The CPBS-E measure demonstrated high internal consistency of .76-.94. In examining the criterion validity, the scale's correlation with the Teacher Observation of Classroom Adaptation-Checklist (TOCA-C) was high and the aggression and withdrawn subscales of the CPBS-E demonstrated high correlations with externalization and internalization, respectively, of the Child Behavior Checklist - Teacher Report Form CBCL-TRF). In addition, the factor structure of the CPBS-E scale was examined using the structural equation model and found to be acceptable. The results are discussed in relation to implications, contributions to the field, and limitations.

• Korean Journal of School Psychology
• /
• v.15 no.3
• /
• pp.459-488
• /
• 2018

The self-report assessment has been most commonly used to estimate bullying/victimization (B/V) rates in most domestic and international prevalence studies. However, the presence of many potential biasing factors in such an assessment method, including specific operationalization/measurement strategies and testing conditions, has become an issue due to a considerable variability in reported involvement rates across studies. This study analyzed self-reported B/V involvement rates on Olweus Bullying Questionnaire (OBQ) among 690 Korean middle school students by gender and two different cut-offs (generous vs. strict cut-offs) and examined if the involvement rates were significantly varied by testing conditions such as presentation vs. omission of a precise definition of B/V, anonymous vs. non-anonymous/confidential administration, and the use of global vs. specific questions. Chi-square analyses revealed that boys displayed higher involvement rates on global measures of B/V and on items related to direct forms of B/V, with no significant gender differences on specific measures of relational B/V rates. It was also found that a global rate of bullying and specific rates of verbal B/V were 111% to 157% higher when no definition was provided. However, anonymous vs. non-anonymous administration had no significant impacts on rates of involvement, except for one item; there were also no significant differences in reported degrees of frankness and perceived confidentiality of their responses across two adminstration conditions. Finally, when involvement rates were assessed by using specific vs. global items, they were 68% to 148% higher with binominal correlations in low to moderate ranges. Findings also indicated that global items had a high specificity but a relatively low sensitivity. Implications of these findings were fully discussed for researchers and practitioners in the field of B/V assessment.

• Korean Journal of School Psychology
• /
• v.9 no.3
• /
• pp.485-503
• /
• 2012

Academic engagement has been known as a strong predictor of students' cognitive and affective outcomes in an educational context. Despite increasing interest and theoretical usefulness of this construct, a few researchers seem to be interested in the validation of instruments to measure academic engagement for Korean students. Thus, this study would like to introduce one of academic scales widely used, UWES-S(Utrecht Work Engagement Scale-Student) (Schaufeli et al., 2002a: 2002b) and to validate the UWES-S for Korean college students. To validate the Korean version of the UWES-S, 651 college students (285 for Field Trial, 366 for Main Study) were used. The procedure is as follows. First, we used an integrated adaptation procedure to produce a Korean version of the UWES-S. Second, EFA(exploratory factor analyses) was applied to explore the factor structure of the UWES-S on the field trial data. Third, the psychometric properties of the UWES-S items were examined by graded response model(GRM). Also CFA(confirmatory factor analysis) was used to examine its internal construct validity for the data from the main study. Finally, the external validity of the UWES-S was scrutinized with the related variables such as academic motivation and satisfaction. As a result, the Korean version of the UWES-S with 13 items was accepted that the four items were excluded from its original version. Second, the internal validity was supported that the 3 factor CFA model(vigor, dedication, absorption) fit the data well. Third, we supported the partial mediation model that academic engagement played as a mediating variable between academic motivation(internal/external) and academic satisfaction. Finally, the differences between a validation of UWES-S for Korean college and high school students, the necessity of construct equivalence testing, and direction for future research of scale validating were discussed.

• Korean Journal of Health Psychology
• /
• v.14 no.3
• /
• pp.579-596
• /
• 2009

This study aimed to develop the Korean tool of competency to consent to psychiatric treatment and to analyze the reliability and validity of this tool. Also the developed tool's efficiency in determining whether a patient possesses treatment consent competence was checked using the Receiver Operating Characteristic curve and the relevant indices. A total of 193 patients with mental illness, who were hospitalized in a mental hospital or were in community mental health center, participated in this study. We administered a questionnaire consisting of 14 questions concerning understanding, appreciation, reasoning ability, and expression of a choice to the subjects. To investigate the validity of the tool, we conducted the K-MMSE, insight test, estimated IQ, and BPRS. The tool's reliability and usefulness were examined via Cronbach's alpha, ICC, and ROC analysis, and criterion related validation was performed. This tool showed that internal consistency and agreement between raters was relatively high(ICC .80~.98, Cronbach's alpha .56~.83)and the confirmatory factor analysis for constructive validation showed that the tool was valid. Also, estimated IQ, and MMSE were significantly correlated to understanding, appreciation, expression of a choice, and reasoning ability. However, the BPRS did not show significant correlation with any subcompetences. In ROC analysis, full scale cutoff score 18.5 was suggested. Subscale cutoff scores were understanding 4.5, appreciation 8.5, reasoning ability 3.5, and expression of a choice 0.5. These results suggest that this assessment tool is reliable, valid and efficient diagnostically. Finally, limitations and implications of this study were discussed.

• Korean Journal of Social Welfare Studies
• /
• v.41 no.4
• /
• pp.369-393
• /
• 2010

This study examines the factors influencing Korean international adoptee's search for their birthparents. Considering that the search for birthparents is general needs for adoptees, Korean government should support their searching activities and, first of all, understand their characteristics. The research model was constructed based on the results of previous studies, and the data set of conducted by ministry of health and welfare was reanalyzed for this study. The subjects of the survey were Korean-born adoptees (who are more than 16 years old) in North America, Europe, and Australia. The research questionnaire was translated to English and French, and the survey was conducted on line. A total of 290 questionnaires were included in the analysis. Since survey was conducted on line, the missing rate of the data was relatively high. So, multiply imputed five data sets were used for analysis. Among the variables included in research model, the age group of adoptees, experience of identity crisis in their life, the first time when they became actively interested in Korean roots, the age at the time of adoption, and the attitudes of adoptive parents toward their search were significantly related to their search for birthparents. Adoptees in the age group of 30~34 had more actively participated in search compared to their reference group (which is the age group of more than 35 years old). The earlier they became actively interested in Korean roots, they tended to be more active in searching activities. Also, the experience of identity crisis in life and the age at the time of adoption were positively related to their search. Although most of adoptive parents have supported their search, the adoptees who reported that they didn't know their adoptive parents' attitude toward search, or their parents deceased had more actively participated in search for their birthparents. Some implications for adoption policy and practice were discussed based on the results of the study.